HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 87/8
EN
Official Journal of the European Union
27.3.2013
DECISIONS
COUNCIL DECISION
of 7 March 2013
fixing the date of application of Decision 2007/533/JHA on the establishment, operation and use of
the second generation Schengen Information System (SIS II)
(2013/157/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(5) In
accordance
with
Article
71(3)(c)
of
Decision
2007/533/JHA, the Commission has declared the
successful completion of a comprehensive test of SIS II,
Having regard to Council Decision 2007/533/JHA of 12 June
which was conducted by the Commission together with
2007 on the establishment, operation and use of the second
the Member States, and the relevant preparatory bodies
generation Schengen Information System (SIS II) (
of the Council validated on 6 February 2013 the

1 ), and in
particular Article 71(2) thereof,
proposed test result and confirmed that the level of
performance of SIS II is at least equivalent to that
achieved with SIS 1 +.
Whereas:
(6) In
accordance
with
Article
71(3)(d)
of
Decision
2007/533/JHA, the Commission has made the
(1) Article
71(2)
of
Decision
2007/533/JHA
specifies
that
necessary technical arrangements for allowing Central
the Decision shall apply to the Member States partici
SIS II to be connected to N.SIS II of the Member
pating in SIS 1 + from a date to be fixed by the
States concerned.
Council, acting by the unanimity of its Members repre
senting the Governments of the Member States partici
pating in SIS 1 +.
(7) In
accordance
with
Article
9(1)
and
(5)
of
Regulation
(EU) No 1272/2012 the Member States participating in
SIS 1 + have successfully completed functional SIRENE
(2) In
accordance
with
Article
11(3)
of
Council
Regulation
tests and the relevant preparatory body of the Council
(EU) No 1272/2012 of 20 December 2012 on migration
has validated their results on 15 February 2013.
from the Schengen Information System (SIS 1 +) to the
second generation Schengen Information System (SIS
II) ( 2 ) the switchover into SIS II will start on the date
fixed by the Council acting in accordance with
(8) The
conditions
laid
down
by
Article
71(3)
of
Decision
Article 71(2) of Decision 2007/533/JHA.
2007/533/JHA thus being fulfilled, it is for the Council
to determine the date from which the SIS II shall apply
to the Member States participating in the SIS 1 +.
(3) In
accordance
with
Article
71(3)(a)
of
Decision
2007/533/JHA, the Commission has adopted the
necessary implementing measures by Commission Imple
(9)
In view of the need for the entry into operation of SIS II
menting Decision 2013/115/EU (
to be as early as possible, this Decision should enter into

3 ) adopting the SIRENE
Manual and other implementing measures for the second
force on the day of its publication in the Official Journal
generation Schengen Information System (SIS II) and
of the European Union.
Commission Decision 2010/261/EU of 4 May 2010 on
the Security Plan for Central SIS II and the Communi
cation Infrastructure ( 4 ).
(10) As
regards
Iceland
and
Norway,
this
Decision
constitutes
a development of the provisions of the Schengen acquis
within the meaning of the Agreement concluded by the
(4) In
accordance
with
Article
71(3)(b)
of
Decision
Council of the European Union and the Republic of
2007/533/JHA, all Member States fully participating in
Iceland and the Kingdom of Norway concerning the
SIS 1 + have notified it that they have made the
latters’ association with the implementation, application
necessary technical and legal arrangements to process
and development of the Schengen acquis ( 5 ) which fall
SIS II data and exchange supplementary information.
within the area referred to in Article 1, point G, of
Council Decision 1999/437/EC
( 6 ) on certain
arrangements for the application of that Agreement.
( 1 ) OJ L 205, 7.8.2007, p. 63.
( 2 ) OJ L 359, 29.12.2012, p. 21.
( 3 ) OJ L 71, 14.3.2013, p. 1.
( 5 ) OJ L 176, 10.7.1999, p. 36.
( 4 ) OJ L 112, 5.5.2010, p. 31.
( 6 ) OJ L 176, 10.7.1999, p. 31.

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EN
27.3.2013 Official
Journal
of
the
European
Union
L
87/9
(11) As
regards
Switzerland,
this
Decision
constitutes
a
devel
(15) Ireland
is
taking
part
in
this
Decision,
in
accordance
with
opment of the provisions of the Schengen acquis within
Article 5(1) of the Protocol (No 19) on the Schengen
the meaning of the Agreement between the European
acquis integrated into the framework of the European
Union, the European Community and the Swiss Confed
Union, annexed to the Treaty on European Union and
eration on the Swiss Confederation’s association with the
to the Treaty on the Functioning of the European Union,
implementation, application and development of the
and Article 6(2) of Council Decision 2002/192/EC of
Schengen acquis ( 1 ) which fall within the area referred
28 February 2002 concerning Ireland’s request to take
to in Article 1, point G, of Decision 1999/437/EC read
part in some of the provisions of the Schengen acquis ( 6 ).
in conjunction with Article 3 of Council Decision
2008/146/EC ( 2 ).
(16) This Decision is without prejudice to the arrangements
for the partial participation of Ireland and the United
Kingdom in the Schengen acquis as determined by
(12) As
regards Liechtenstein, this Decision constitutes a
Decisions 2002/192/EC and 2000/365/EC respectively.
development of the provisions of the Schengen acquis
within the meaning of the Protocol between the
European Union, the European Community, the Swiss
(17) As
regards Cyprus, this Decision constitutes an act
Confederation and the Principality of Liechtenstein on
building upon, or otherwise related to, the Schengen
the accession of the Principality of Liechtenstein to the
acquis within the meaning of Article 3(2) of the 2003
Agreement between the European Union, the European
Act of Accession.
Community and the Swiss Confederation on the Swiss
Confederation’s association with the implementation,
(18) It
should
be
noted
that
Regulation
(EC)
No
1986/2006
application and development of the Schengen acquis ( 3 )
of the European Parliament and of the Council of
which fall within the area referred to in Article 1, point
20 December 2006 regarding access to the Second
G, of Decision 1999/437/EC read in conjunction with
Generation Schengen Information System (SIS II) by
Article 3 of Council Decision 2011/350/EU ( 4 ).
services in the Member States responsible for issuing
vehicle registration certificates ( 7 ) shall, pursuant to its
Article 3, apply from the date set in accordance with
(13) In
accordance
with
Articles
1
and
2
of
the
Protocol
(No
Article 71(2) of Decision 2007/533/JHA,
22) on the position of Denmark, annexed to the Treaty
on European Union and to the Treaty on the Functioning
HAS ADOPTED THIS DECISION:
of the European Union, Denmark is not taking part in
the adoption of this Decision and is not bound by it or
subject to its application. Given that this Decision builds
Article 1
upon the Schengen acquis, Denmark shall, in accordance
Decision 2007/533/JHA shall apply to the Member States
with Article 4 of that Protocol, decide within a period of
participating in the SIS 1 + from 9 April 2013.
six months after the Council has decided on this Decision
whether it will implement it in its national law.
Article 2
This Decision shall enter into force on the day of its publication
(14) The
United
Kingdom
is
taking
part
in
this
Decision,
in
in the Official Journal of the European Union.
accordance with Article 5(1) of the Protocol (No 19) on
the Schengen acquis integrated into the framework of the
European Union, annexed to the Treaty on European
Union and to the Treaty on the Functioning of the
Done at Brussels, 7 March 2013.
European Union, and Article 8(2) of Council Decision
2000/365/EC of 29 May 2000 concerning the request
For the Council
of the United Kingdom of Great Britain and Northern
Ireland to take part in some of the provisions of the
The President
Schengen acquis ( 5 ).
A. SHATTER
( 1 ) OJ L 53, 27.2.2008, p. 52.
( 2 ) OJ L 53, 27.2.2008, p. 1.
( 3 ) OJ L 160, 18.6.2011, p. 21.
( 4 ) OJ L 160, 18.6.2011, p. 19.
( 6 ) OJ L 64, 7.3.2002, p. 20.
( 5 ) OJ L 131, 1.6.2000, p. 43.
( 7 ) OJ L 381, 28.12.2006, p. 1.

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